PART II E+W+N.I.GENERAL PROVISIONS

Official functions and enforcementE+W+N.I.

3.—(1) Subject to the provisions of this regulation, the Department, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated as the authorities responsible for ensuring compliance with the Community provisions.

(2) Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of products within its area.

(3) The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into England from a third country or from England to a third country.

(4) The Department, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into Northern Ireland from a third country or from Northern Ireland to a third country.

(5) The Wine Standards Board, and in England the Minister, and in Northern Ireland the Department, shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (2), (3) or (4) above.

(6) Nothing in this regulation shall be taken as authorising the Wine Standards Board or the Commissioners to institute proceedings for an offence.

Definition of medium dryE+W+N.I.

4.  For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90, as amended, laying down detailed rules for the description and presentation of wines and grape musts M1, wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.

Vine varietiesE+W+N.I.

5.  For the purposes of Article 19(1) and (2) of Council Regulation (EC) No. 1493/1999 and Article 20 of Commission Regulation (EC) No. 1227/2000 laying down detailed rules for the application of Council Regulation 1493/1999 on the common organisation of the market in wine, as regards production potential M2, the vine varieties classified for the production of wine in England or in Northern Ireland are those specified in Schedule 3, amongst which those that are not permitted for the production of quality wines psr in the specified regions are indicated by an asterisk.

Geographical indications for table wineE+W+N.I.

6.—(1) In pursuance of Article 51(3) of Council Regulation (EC) No. 1493/1999, the use of a geographical indication for the designation of table wine produced in any part of England or Northern Ireland is prohibited unless that table wine is produced—

(a)wholly from one or more of the varieties of vine specified in Schedule 3, and

(b)exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.

(2) Notwithstanding paragraph (1)(b) above, a geographical indication may be used to designate a table wine obtained by the coupage of wines as permitted by Article 51(2) of the said Council Regulation (EC) No. 1493/1999.

(3) In paragraph (1)(b) above, “geographical unit” means a precisely demarcated area which—

(a)is a part of England or Northern Ireland; and

(b)falls within the definition of a “geographical unit which is smaller than the Member State” in Article 51(1) of the said Council Regulation (EC) No. 1493/1999.

(4) Subject to point A, paragraph 2, of Annex VII to the said Council Regulation (EC) No. 1493/1999, no geographical indication other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of England or Northern Ireland.

Powers of authorised officersE+W+N.I.

7.—(1) An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996 has been committed.

(2) An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which he has reason to believe is or may be being, or has been or may have been, committed—

(a)inspect any materials or articles found in or on that land or vehicle;

(b)subject to paragraph (5) below, examine any register, record or appropriate document—

(i)which any person is required to keep under any relevant Community provision, or

(ii)which is in the possession or under the control of any person,

and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;

(c)subject to paragraph (5) below, seize and retain any such register, record, document or entry which he has reason to believe may be required as evidence in proceedings under these Regulations;

(d)undertake an inventory of products and of anything which may be used in the preparation of products; and

(e)purchase or take samples of any product and of anything which may be used for the preparation of any product.

(3) An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.

(4) An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.

(5) An authorised officer shall not be entitled under paragraph (2)(b) or (c) above to examine, copy, seize or retain any record or document so far as—

(a)it is in England and comprises—

(i)an item subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984 M3,

(ii)excluded material within the meaning of section 11 of that Act, or

(iii)special procedure material within the meaning of section 14 of that Act, or

(b)it is in Northern Ireland and comprises—

(i)an item subject to legal privilege within the meaning of article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 M4,

(ii)excluded material within the meaning of article 13 of that Order, or

(iii)special procedure material within the meaning of article 16 of that Order.

Control on movementE+W+N.I.

8.—(1) Where an authorised officer inspects any wine-sector product he may prohibit its being moved if he has reason to believe that an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II, III, V or IX of Schedule 2 and that there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.

(2) An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing—

(a)specifying the wine-sector product in relation to which the power has been exercised;

(b)stating that the wine-sector product may not be moved without the written consent of an authorised officer;

(c)specifying the relevant Community provision in respect of which he has reason to believe that an offence has been, is being or is likely to be committed; and

(d)specifying whether he considers that it would be practicable for steps to be taken to persuade him that he no longer has reason for that belief and, if so, what those steps should be.

(3) Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board that notice shall also contain information of the recipient’s right, conferred by regulation 10, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.

(4) If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.

(5) An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.

(6) An authorised officer who is satisfied that the steps specified in the notice under paragraph 2(d) above have been taken shall thereupon remove the prohibition on movement imposed pursuant to paragraph (1) above.

Consent to movementE+W+N.I.

9.—(1) An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.

(2) An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that—

(a)the wine-sector product will be moved to a place approved by an authorised officer; and

(b)the wine-sector product will not be moved from that place without the written consent of an authorised officer.

(3) A consent given by an authorised officer under this regulation shall—

(a)specify the wine-sector product to which it relates; and

(b)state that the wine-sector product continues to be controlled.

(4) An authorised officer of the Wine Standards Board who has been requested to give a consent under this regulation, and who refuses to do so, shall communicate that refusal in writing together with written notice of the right, conferred by regulation 10, to have that refusal reviewed, and an explanation as to how that right may be exercised and the effect of exercising that right.

Review of prohibitions etc. on movement of wine-sector productsE+W+N.I.

10.—(1) This regulation applies where an authorised officer of the Wine Standards Board—

(a)has given to a person who appears to him to be in charge of a wine-sector product a notice under regulation 8(2); or

(b)has refused to give consent to the movement of a controlled wine-sector product under regulation 9.

(2) A person to whom the notice or refusal has been given may make a written request to the Chief Executive of the Wine Standards Board for him to review the giving of the notice or refusal.

(3) Where a request for the review of a notice or refusal is received by the Chief Executive of the Wine Standards Board he shall review the notice or refusal and communicate his decision on the review within fourteen days from his receipt of the request.

(4) Where a person is dissatisfied with the decision of the Chief Executive of the Wine Standards Board on a review, he may make a written request to the Chairman of the Wine Standards Board for a further review by the Wine Standards Board of the giving of the notice or refusal.

(5) On such a request the Wine Standards Board shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.

(6) The procedure and quorum for a meeting of the Wine Standards Board considering a request under this regulation shall be such as it determines.

Authorised officer acting in good faithE+W+N.I.

11.—(1) An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his employment, if—

(a)in relation to an act done by him, he did that act in the honest belief that these Regulations required or empowered him to do it, and

(b)in relation to an act of a person accompanying him and acting under his instructions, he honestly believed that these Regulations empowered him to instruct that person to do it.

(2) A person accompanying an authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations, if—

(a)he did that act on the instructions of the authorised officer, and

(b)he honestly believed that these Regulations empowered the authorised officer to give him those instructions.

(3) Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.

(4) Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under these Regulations required or entitled him to do it.

Power to require analysis or examinationE+W+N.I.

12.—(1) The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings, and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.

(2) If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation as respects a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis or examination, which, in the course of proceedings is transmitted by a food analyst or food examiner under this regulation, shall be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the person by whom the certificate is signed.

(4) In any proceedings under these Regulations, the transmission to the court under this regulation or production by one of the parties—

(a)of a document purporting to be a certificate given by a food analyst or food examiner; or

(b)of a document supplied to him by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.